When a person dies and the initial steps are taken to administer his estate, one of the first issues to be resolved is the domicile of the decedent. Domicile is an interesting topic and the determination of domicile can be very complicated. Essentially, it is the place where a person…
The Probate of a New York Last Will and Testament involves many issues. Procedures provided by the Surrogate’s Court Procedure Act (SCPA) as well as statues comprising the Estates, Powers and Trusts Law (EPTL) provide the basic rules regarding probate. For example, EPTL section 3-2.1 titled “Execution and attestation of…
Estate planning in New York can be provided through a number of different documents. First and foremost, a Last Will and Testament sets forth the various provisions that a testator desires regarding the disposition of his estate. Another important estate planning device is a Revocable Living Trust. This type of…
When planning an estate, a person may consider many different provisions that can be a part of a Last Will. Of course, many of the Will terms concern the disposition of assets and bequests to various beneficiaries. A Will may contain a bequest of an amount of money or a…
The Probate of a New York Will is the method by which a Will is validated by the Surrogate’s Court. After a Will is admitted to probate the named Executor is typically granted letters testamentary which authorizes him to handle estate affairs. This includes the collection of estate assets, the…
A decedent’s estate is subject to the terms of written documents and estate laws. The primary paper that controls an estate is a Last Will. A duly executed Will that is admitted to probate provides the manner in which the estate is to be distributed. A Will may contain bequests…
Important Facts Regarding Intestate Estates In New York * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *…
When a person dies the New York Estate Laws provide certain preferential rights to a surviving spouse. For example, a surviving spouse has priority to be appointed as Administrator of an intestate estate. Also, the surviving spouse receives the largest distributive share of an intestate estate. A spouse cannot be…
One of the most common problems and sources of estate litigation concerns the possession of estate property by third parties. In the typical case one of the assets owned by the decedent is property which can be in the form of a house, or a cooperative or condominium apartment. Once…
When a person dies without a Last Will and Testament, he is deemed to have died intestate. This means that the administration of the decedent’s estate is to be controlled by the New York laws of intestacy. The primary statutory authority for intestate estates is Estates, Powers and Trusts Law…